Frequently Asked Questions(FAQ)
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As much as nobody gets married hoping to separate, unfortunately, it is common for divorce to happen after a while. Getting a divorce is a fact for many couples today. Although the process is never emotionally simple, it can become less or more complicated. This depends on the parties’ efforts to turn their frustrations into a fair deal for both. When it comes to separating and formalizing the divorce application, even because of changes in legislation, many have doubts about what to do. To clarify the most frequently asked questions about divorce that arrive at the office, we have prepared this post for you!
1. How to get started with the Divorce Process in Nepal?
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When you are thinking about getting divorced, first of all, you have to prepare a list of all the assets in the name of the husband and the family of the husband. If the child is with you, you have to think about who will take care of the child. If you as a wife to take care of the child, then you have to think about how you are going to take care of your child. If you are planning to end the relationship, and getting a divorce then do not leave the house you are living in.
2. What you should not miss if you are filing for a divorce?
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In divorce cases, different issues matter in different situations. If the husband has a sensitive issue of wealth and he is high profile, then claiming for the property share is important. If the husband does not have a property and there is a child between the two, then the issue of child-rearing is important. In the same way, in some cases, the husband refuses to give the property and therefore forges the document stating that he has taken the share even if he does not take the share. In this case, the issue of forgery is important.
3. What is the term Mutual Consent Divorce exactly means?
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Mutual Consent Divorce is the process by which a husband and wife get a divorce with the understanding or agreement from both sides. That is both husband and wife to separate their ways and end their relationship. In a Mutual Consent Divorce, both parties end their relationship in court. In case of such divorce, the process for the completion of divorce doesn’t take more than 2 days.
4. If my wife agrees to give divorce via mutual consent, then how long will it take for the completion of the whole divorce proceeding in Nepal?
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If your spouse agrees to the divorce, the divorce process will not take long. The divorce proceedings can be completed within two working days.
5. What is the basis for seeking a divorce in Nepal?
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In Nepal, if the divorce is sought and filed on the basis of the mutual consent of both husband and wife, then the application for divorce can be filed without any basis. However, if there is no understanding and mutual agreement between husband and wife, then you can file for divorce on following grounds:
- If husband and wife have been living separately for more than three years
- If either husband or wife has been evicted from the house
- The wife can seek divorce if the husband beats her severely which gives her the ground for domestic violence
- If the husband torture wife physically and mentally or vice versa
- If either one the husband or wife has the extramarital relationship
If the husband or wife has a se
6. How can a husband gets divorce without the consent of his wife?
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If the husband wishes to divorce without the consent of his wife, he should file an application in the nearest district court. Proof of physical and mental torture is required when a husband files for divorce. Divorce occurs 1 year after the husband files for divorce.
7. What is the process of dividing the assets and debts in the divorce proceedings in Nepal?
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When the wife seeks a divorce, the court first separates the husband’s share from the property of the husband, mother-in-law, and father-in-law. Then the property share of the husband is divided into two and one shares are given to the wife.
8. Do both husband and wife need to be present in the court for the divorce proceedings?
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In the case of mutual consent divorce, then both husband and wife are needed to be present in the court. However, in case of divorce by the court order, then the court will issue the term to the opposite party to be present in the court on the specified date and time. If the opposite party is not present in the specified time given by the court, then the court will take the unilateral decision.
9. How to get a divorce in the simplest and fastest way in Nepal?
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In Nepal, divorce proceedings are easy and simple if filed by mutual consent. If you have a mutual agreement on the division of the share and property, the process of raising a child, then it is easy and simple to get a divorce when you meet with a legal practitioner.
10. What are the processes that take place in the District Court during the divorce proceedings in Nepal?
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There are four steps that must be taken to get a divorce in court. In the first stage, you have to file the application for the divorce in the court, then the court will issue the term to the opposite party. The second step is to present, understand, and examine the evidence. In the case of divorce, the witness who is presented in the court is examined is and the paper submitted with the divorce petition is also examined. The third step that the court takes is the court sends the writ of compromise to both the parties. The purpose of this step is to give both the husband and wife the chance for reconciliation. If the reconciliation doesn’t occur, then the final verdict of divorce is given.
11. Is living separately a solid ground for filing for a divorce?
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Both husband and wife can file for divorce at the Separation ground. If the two leave each other without consent, a divorce petition can be filed. However, forceful eviction from the house or going abroad to study or to get a job cannot be regarded as living separately without consent.
12. Why is it difficult for a husband to get a divorce in Nepal?
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If the husband wants to seek and file for a divorce, then he must provide the court with adequate evidence that can prove he has been physically and mentally tortured. Or that his wife has been living separately for more than three years without his consent. In such a case, the husband must have a good lawyer who can represent him well in the court for which you can contact Divorce Nepal. The team of Divorce Nepal will help and guide you and give you an accurate consultation on each legal procedures.
13. Normally, how long does it take for divorce proceedings to complete in Nepal?
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The divorce case in Nepal is settled in two days if there is the mutual consent of both parties. If there is no agreement, the court insists on reconciliation for one year and then dissolves the relationship after one year through a court decision.
14. How can I gain a single status after divorce in Nepal?
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In order for you to remarry after divorce, you have to get a single status that proves that you are unmarried. The recommendation for single status can be obtained from the related ward office. In the ward office you have to submit the final court decision of divorce then only you will get the recommendation of single status and you can get married again.
15. What if I have to leave the country after filing for a divorce?
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In case if you have to go abroad as you file for divorce, then you can give an official right to a certain person of your choice who can represent you in the court. He would be your official representative authorized by you who can take the divorce case forward.
16. Do I have to register my marriage if I want to file for a divorce?
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Marriage registration is not mandatory for divorce. Since marriage also takes place according to the social tradition, a divorce petition can be filed by including a photograph of the marriage proceedings.
17. What are the fees of the divorce lawyer in Nepal?
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There is not specific rate or fees of the divorce lawyers in Nepal as the fees the lawyer charge may vary depending on the province and the district you are residing in. However, the fees may start from ten thousand rupees. Since there is not a one set rate, it is important for you to consider multiple divorce lawyers before you settle on one. Divorce Nepal can be the right choice for you if you want your divorce proceedings to be easy, simple, fast, and cheap at the same time.
18. How can I minimize the cost of divorce proceedings?
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To minimize the cost of divorce, it is better that you yourself present in the curt for all the divorce proceedings and has the lawyer write the care for you. And make the lawyer present only in the final debate in the court.
19. What is mediation and the role of mediator in divorce?
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In a divorce case, if the relationship cannot be dissolved by mutual consent, the court sends both husband and wife to the conciliation or the mediation chamber in the court. Here they insist both husband and wife give another chance to their relationship. The person who motivates the divorce seeking husband and wife to reconcile again is called the mediator. The mediator takes the initiative to reconcile the two.
20. When can the mediation help in the case of divorce proceedings?
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In the case of the final decision of divorce and the failure of any attempts of reconciliation, then the mediator can play an important role. In such a case, husband and wife may settle down on getting a divorce but there may be a dispute regarding the property sharing and sharing the custody of children. In such a case, the mediator can assist to reach to the agreement and solve the disputes.
21. How can I minimize the cost of divorce via mediation?
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The prolonged proceedings of a divorce case may cost you a lot on money. Usually, the presence of any kind of disputes lengthens the divorce process. Therefore, the mediator can help both parties to resolve their disputes and reach to the agreement thereby saving your expenses.